Meta comes under fire over plan for 'unskippable ads'

Meta’s latest attempt to swerve data protection laws by replacing its outlawed “pay or consent” subscription service with one that offers “less personalised” and unskippable ads is blatantly designed to annoy Facebook and Instragam users into submission.

That is the damning verdict of privacy campaigner and Meta nemesis Max Schrems, who insists that while the system is “less illegal” it is still in breach of GDPR.

Meta first launced the “pay or consent” scheme – which forced online users to cough up cash if they did not want to be tracked for advertising – late last year but was soon the subject of a complaint filed by Schrems and his privacy organisation NOYB.

And, while the UK is not involved because the subscription service is not available here, other companies are launching similar services and the UK’s Information Commissioner’s Office is currently consulting on the legality of the plans.

In April, the European Data Protection Board ruled the scheme was in breach of GDPR data protection legislation while Meta has also been charged with flouting the new EU Digital Markets Act.

Under the proposed new scheme, which has yet to be rolled out, instead of a simple yes/no banner, users shall have the option to get “less personalised ads” where data like location and date of birth will still be used – without consent.

Also the “less personalised ads” will come as “full screen” ads that cannot be skipped. This approach is known from many “freemium” gaming apps.

Schrems said: “I agree that ‘less personalised’ is ‘less illegal’ – but this does not mean Meta is now acting ‘legally’. It is like being proud of selling ‘less drugs’. Overall this just looks like another attempt to ignore EU law by annoying people into consent with huge unskippable ads.

“Users must have an equal choice between ads that use their personal data and ads that do not. We doubt that Meta’s fourth iteration of trying to bypass EU law will be accepted.

“The [new scheme] already seems questionable, as Meta says that you cannot opt out from having your location or age being used. Also having unskippable ads and making the user experience just miserable is just another ‘dark pattern’ that regulators have already previously found to be illegal. We doubt that this will be the end of the problems that Meta faces when ignoring GDPR.”